Chapter 7 Bankruptcy: How long will it take?

On July 28, 2011, in Bankruptcy, by Robbie L. Vaughn, Esq.

How long will my chapter 7 bankruptcy case take to close?

Well, most of our chapter 7 bankruptcy cases take roughly 3 months from case filing until discharge/case closure (Note: Discharge and case closure are not the same thing).

Additionally, when your attorney files his or her chapter 7 bankruptcy cases could add to the length of time you are waiting for  your bankruptcy case to close. Some attorneys “batch file” their chapter 7 cases. They hold their chapter 7 cases and file them together on a particular day (i.e. the end of the month).  We file our bankruptcy cases as they are ready to be filed. As always, we hope that you found this information helpful.

The Law Firm of Vaughn & Weber, PLLC,  proudly assists residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn and Staten Island) with their bankruptcy filings. Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

 

USCIS Waiver of Filing Fees

In addition to the timelines and stress of dealing with the government, many people find that the costliness of filing fees involved with visas and petitions prohibit them from proceeding with their Immigration issues.  The U.S. Citizenship and Immigration Services (USCIS) is funded largely by application and petition fees, however they have instituted a few policies which make it possible for certain individuals to have their Immigration Fees waived.  A person who seeks to have the fees waived must demonstrate an inability to afford to pay the fees associated with certain applications and forms.  The USCIS has created a form I-912 which will waive the fee for benefit services including but not limited to Applications to replace Permanent Resident cards, Applications for Travel Documents and Applications to Register Permanent Residence or Adjust Status.  In the case of the latter, Asylum seekers and/or battered or abused spouses may have their fees waived because of their special circumstances.  The granting of any fee waiver is at the sole discretion of the U.S. Citizenship and Immigration Services (USCIS) however an immigration attorney may help navigate through this difficult process.   As always, if you have any questions, please feel free to call us at (516) 858-2620!

 

I-485 Adjustment of Status

On July 5, 2011, in Immigration, by John A. Weber IV, ESQ.

I-485 Adjustment of Status

Recently, we have been receiving questions concerning the adjustment of status requirement for obtaining a Green Card.  When applying for a Green Card, you must first adjust your status from that of non-immigrant to permanent resident of the United States by filing an I-485 Application.  Where one files is determined by their category of eligibility.  Depending on their situation, one may have to file in Chicago, Vermont, Phoenix, Dallas or Nebraska.  The usual filing fee is over $1000 unless you fall under an exception such as age, refugee status, etc.  It is difficult to determine how long it will take to receive approval for an I-485 Application.  The process depends on many factors including petition category and security background checks.  You can check the status of your I-485 Application online, by phone/email or in person.  Not everyone is eligible to apply for Adjustment of Status including but not limited to persons not admitted or paroled following inspection by an immigration officer or someone whose authorized stay expired before filing their I-485 or cases of unauthorized employment.  Although not essential, it may often be beneficial for applicants to attain an Employment Authorization Document (EAD) or Advance Parole (AP) travel document.  In addition, drug or alcohol related offenses as well as arrests must be reported on the I-485 application.  If all of the paperwork is in order and satisfactory, it shouldn’t be long before one may receive their Green Card.   As always, if you have any questions regarding the immigration process, please feel free to call us at (516) 858-2620!

Same Sex Marriage in New York

On June 29, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Same Sex Marriage in New York

As I am sure you have all heard that New York has become the most recent state to allow same sex marriage (which was long overdue).  There may be some “old” concerns for “new” couples hoping to take advantage of the new law.  Issues of pre nuptial and post nuptial agreements need to be considered.  There will also be issues involving divorces and estate planning which need to be considered.  With all of the excitement that is surrounding the passing of this new same sex marriage bill, it may benefit those effected to take a step back and plan accordingly.  Pre nuptial agreements are an excellent way to protect assets and clarify the intentions of both spouses ahead of time (before the marriage) so that there are no surprises later.  Post nuptial agreements are a way for couples to draw a line and add stabilization to a wavering marriage.  Either way, with all of the excitement over the new same sex marriage bill, there are sure to be some questions on the horizon.  As always, if you have any questions about how to design a pre or post nuptial agreement to meet your specific needs, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan